The Centre for European Policy (CEP) in Freiburg (Breisgau) is the European-policy think tank of the German non-profit foundation “Stiftung Ordnungspolitik”. It has just released its policy brief on the Proposal COM(2018) 96 of 12 March 2018 for a Regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims. The CEP’s main conclusion reads as follows:

“The general rule, that the applicable law is that of the assignor’s habitual residence, strengthens legal clarity and thus legal certainty. However, it increases transaction costs and complexity. For syndicated loans, an exception to the general rule should be added to avoid the application of various laws. To avoid legal uncertainty, the Regulation must clarify what is meant by the habitual residence ‘at the material time’ and should only allow overriding mandatory provisions of the law of the Member State in which the assignment has to be or has been performed. The Regulation’s rules on conflict of laws overlap with those of other EU directives and regulations. This results in inconsistencies.”

The HCCH is seeking to retain a Consultant who will conduct a study and draft a further Report on specific aspects relating to the HCCH’s ongoing legislative project on Tourists and Visitors. Interested? For more information, follow this link to… Read more…

Panthéon-Assas (Paris 2) University will host a conference on November 21 on jurisdiction clauses: “La clause attributive de juridiction : de la prévisibilité au désordre”. The first part of the conference is dedicated to the factors of disorder, such as the… Read more…

As my fellow editor Thalia Kruger has already signaled earlier, the final conference for the EU-funded IC2BE project on the cross-border enforcement of claims in the EU will take place in Antwerp (Belgium) on 21 and 22 November 2019. The… Read more…

This is a reminder that the Permanent Bureau of the Hague Conference on Private International Law (HCCH) seeks high-achieving interns for January to July 2020. An internship with the HCCH offers a unique opportunity to deepen the knowledge of private international… Read more…

A bit more than a year ago, I posted here & here about a Greek ruling on the non-recognition of an Egyptian notarized talaq divorce. The same court rendered mid-July a new judgment related to the same case; this time… Read more…

As previously announced on this blog, the Albert-Ludwig-University of Freiburg (Germany) will host, on 10–11 October 2019, the final conference of the German branch in the framework of the research project "Informed Choices in Cross-Border Enforcement" (IC2BE). Funded by the… Read more…

The publication of Hannah L. Buxbaum‘s (Professor of Law and John E. Schiller Chair at Indiana University) lecture at The Hague Academy of International Law on “Public Regulation and Private Enforcement in a Global Economy: Strategies for Managing Conflict“ has… Read more…

The second issue of 2019 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released and it features: Adrian Briggs, Professor at Oxford University, Brexit and Private International Law: An English Perspective (in English) The effect… Read more…

The Department of Law of Loyola University Andalusia will be hosting an International Conference on 20-21 January 2020 in Seville, Spain, to discuss the impact of digitalization. The Conference which will revolve around five major thematic areas from a multi-disciplinary approach, will… Read more…